Walmart Fudge Mint Cookies Class Action Lawsuit Overview:
- Who: Eugene DeMaso filed a class action lawsuit against Walmart Inc.
- Why: DeMaso claims Walmart misleads consumers about the fudge in its Great Value brand Fudge Mint Cookies.
- Where: The class action lawsuit was filed in Illinois federal court.
Walmart’s Great Value brand Fudge Mint Cookies lack the essential ingredients of fudge, a new class action lawsuit alleges.
Plaintiff Eugene DeMaso claims Walmart makes the fudge in its Great Value brand Fudge Mint Cookies with vegetable oil shortening, misleading consumers who expect it to contain dairy ingredients.
DeMaso wants to represent an Illinois Class of consumers and multi-state subclass of consumers from 25 states who purchased Walmart’s Great Value brand Fudge Mint Cookies.
DeMaso said he purchased the cookies with the expectation they would contain fudge and mint ingredients, as the product represented.
“Plaintiff relied on the words and images on the Product, on the labeling and/or claims made by Defendant in digital and/or social media,” the class action lawsuit states.
DeMaso argues he paid more than what the Great Value brand Fudge Mint Cookies were actually worth, and that he would not have paid as much had he known the representations about its fudge were false.
“Whether a product contains fudge and/or ingredients expected in fudge, is basic front label information consumers rely on when making quick decisions at the grocery store,” the class action lawsuit states.
Fudge that is made with vegetable oil rather than dairy ingredients “will provide less satiety, a waxy and oily mouthfeel, and leave an aftertaste,” according to the class action lawsuit.
Walmart Brand Fudge Mint Cookies Don’t Actually Contain Mint, Class Action Lawsuit Claims
DeMaso further claims that the Great Value brand Fudge Mint Cookies do not actually contain any mint, but instead get its mint taste from “Natural and Artificial Flavor.”
“The product’s label is misleading because it contains no mint, indicated by its absence on the ingredient list,” the class action lawsuit states.
DeMaso claims Walmart is guilty of fraud, unjust enrichment, and negligent representation, and is in violation of Illinois’ Consumer Fraud and Deceptive Business Practices Act, the Magnuson Moss Warranty Act, and multiple state consumer fraud acts.
DeMaso is demanding a jury trial and requesting injunctive relief along with monetary, statutory and/or punitive damages for himself and all Class Members.
A similar class action lawsuit was filed against Del Monte Foods last month by a consumer who claims it falsely advertises that its Farmhouse Cut Green Beans have no preservatives.
Have you purchased Walmart’s Great Value brand Fudge Mint Cookies? Let us know in the comments!
The plaintiff is represented by Spencer Sheehan of Sheehan & Associates, P.C. The Walmart Fudge Mint Cookies Class Action Lawsuit is DeMaso v. Walmart Inc., Case No. 1:21-cv-06334, in the U.S. District Court for the Northern District of Illinois.
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